(3) Whenever applicable, the Council of Elders/Leaders shall likewise identify all parts
of the domains which may no longer be exclusively occupied by them but from
which they traditionally had access to for their subsistence and traditional activities,
including but not limited to, sacred sites, worship areas, hunting, gathering,
collecting and fishing grounds;
(4) The NCIP Provincial Office, based on the indicative map, shall approximate the
land area of the territory in hectares; and
(5) The ICCs/IPs concerned, with the assistance of the NCIP Provincial Office shall
conduct a census of its community members, the results of which shall be attached
as part of the record.
c)
Submission of Proof. To prove its ancestral domain claim, the concerned ICCs/IPs shall
submit to the NCIP Provincial Office the following:
(1) the testimony of the community elders who participated in the identification of physical
boundaries and who took part in giving the oral historical accounts; and
(2) any one (1) of the following proofs:
i)
Written accounts of the ICCs/IPs customs and traditions;
ii) Written accounts of the ICCs/IPs political structure and institutions;
iii) Pictures showing long term occupation such as those of old improvements,
burial grounds, sacred places and old villages;
iv) Historical accounts, including pacts and agreements concerning boundaries
entered into by the ICCs/IPs concerned with other ICCs/IPs;
v) Survey plans and sketch maps;
vi) Anthropological data;
vii) Genealogical surveys;
viii) Pictures and descriptive histories of traditional communal forests and hunting
grounds;
ix) Pictures and descriptive histories of traditional landmarks such as mountains,
rivers, creeks, ridges, hills, terraces and the like; and
x) Write-ups of names and places derived from the native dialect of the
community.
d) Notice of Ocular Inspection. The NCIP Provincial Office shall notify the applicant
community through its Council of Elders/ Leaders, adjoining communities through their
elders or leaders, and other affected entities, five (5) days in advance, that an ocular
inspection of the ancestral domain claim of applicant community shall be conducted on such
a date and time and that their presence is required especially in the verification of the metes
and bounds thereof.
e) Ocular Inspection. The NCIP Provincial Office, in cooperation with the ICCs/IPs concerned
and representatives of adjoining communities shall conduct an ocular inspection of the area
being claimed in order to verify the landmarks indicating the boundaries of the ancestral
domain and the physical proofs in support of the claim.
f) Evaluation and Appreciation of Proof. The NCIP Provincial Office shall evaluate the
proofs submitted. If the claim is found to be patently false or fraudulent after diligent
inspection and verification, notice of such rejection which includes the reasons for the denial
shall be sent to the ICC/IP claimant. The ICC/IP claimant, may bring the denial on appeal
with the NCIP on the grounds of arbitrary and/or erroneous appreciation of facts.
In addition to the proof submitted, the NCIP Provincial Office may require additional proof for
purposes of substantiating the claim.
g) Survey and Preparation of Survey Plans. Based on its appreciation of proofs, the NCIP
Provincial Office shall request the Regional Surveys Division to conduct a perimeter survey
and prepare survey plan of the area with the necessary technical description, including the
significant natural features and landmarks found therein.
Page 41
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